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Hazardous waste deregulation
Hello Oak Ridge and other folks..... Someone subscribed me to
this Oak Ridge list, so I suppose I'll make myself useful while I learn
more about activities in dealing with DOE......
....You may be interested in two different federal register
notices that were published on Friday affecting mixed
hazardous and low level radioactive wastes
....the proposals also significantly undermine the "land ban"
of the Resource Conservation and Recovery Act by undermining
technology based treatment standards for land ban wastes
and adopting more lenient "risk based" treatment standards. (all
enviros should be up in arms about that one....)
This is all part of the HWIR....hazardous waste identification
rule ....activities being carried on by EPA to generally weaken
hazardous waste regulation in the United States. I haven't
been able to understand why the environmental community
is so complacent about loosing hard won battles from the 70's
and the 80's in the name of "reinvention" and "deregulation".....!!!
I haven't had a chance to read all of this in detail yet, but I thought
I'd share them both.
Regards,
Alexander J. Sagady
Environmental Consultant
ajs@sagady.com
East Lansing, MI
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Federal Register: November 19, 1999 (Volume 64, Number 223)]
[Proposed Rules]
[Page 63381-63461]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no99-35]
[[Page 63381]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 261
Hazardous Waste Identification Rule (HWIR): Identification and Listing
of Hazardous Wastes; Proposed Rule
[[Page 63382]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRN-6469-9]
RIN 2050-AE07
Hazardous Waste Identification Rule (HWIR): Identification and
Listing of Hazardous Wastes
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule and request for comments.
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SUMMARY: Today's action proposes to retain and amend the mixture rule
and the derived-from rule in the Resource Conservation and Recovery Act
(RCRA). The mixture and derived-from rules ensure that hazardous wastes
that are mixed with other wastes or that result from the treatment,
storage or disposal of hazardous wastes do not escape regulation and
thereby cause harm to human health and the environment.
EPA is proposing two revisions to the mixture and derived-from
rules. These revisions would narrow the scope of the mixture and
derived-from rules, tailoring the rules to more specifically match the
risks posed by particular wastes. The first is an exemption for
mixtures and/or derivatives of wastes listed solely for the
ignitability, corrosivity, and/or reactivity characteristics. The
second is a conditional exemption from the mixture and derived-from
rules for ``mixed wastes'' (that is, wastes that are both hazardous and
radioactive).
Today's document also discusses an implementation framework for an
exemption from hazardous waste management for wastes that meet
chemical-specific exemption levels, also known as the Hazardous Waste
Identification Rule (HWIR) exemption. The HWIR exemption would identify
a broad set of listed hazardous waste that could be safely managed in
nonhazardous waste management units. The current version of the model
that could be used to derive the exemption levels is designed to
evaluate simultaneous exposures across multiple media and pathways in
order to estimate the resulting health and environmental effects.
Before using a revised risk assessment to support a final regulatory
action, we would propose the HWIR exemption, providing public notice
and the opportunity to comment on the revised risk assessment and
resulting exemption levels.
In addition, today's document discusses the possibility of revising
the Land Disposal Restrictions (LDRs) by replacing technology-based
treatment standards in the RCRA regulations with risk-based treatment
standards.
DATES: To make sure we consider your comments on revisions to the
mixture and derived-from rules (Sections I-IV, Sections XXI-XXVI (as
applicable) of the preamble and proposed regulatory language amending
40 CFR part 261), they must be postmarked on or before February 17,
2000.
\\\\\\
[Federal Register: November 19, 1999 (Volume 64, Number 223)]
[Proposed Rules]
[Page 63463-63501]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no99-36]
[[Page 63463]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 266
Storage, Treatment, Transportation, and Disposal of Mixed Waste;
Proposed Rule
[[Page 63464]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 266
[FRN-6470-1]
RIN 2050-AE45
Storage, Treatment, Transportation, and Disposal of Mixed Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) is today proposing
to provide increased flexibility to facilities that manage low-level
mixed waste (LLMW) and naturally occurring and/or accelerator-produced
Radioactive Material (NARM) mixed with hazardous waste. The proposal
also aims to reduce dual regulation of LLMW, which is subject to
Resource Conservation and Recovery Act (RCRA) and to the Atomic Energy
Act (AEA). We believe the changes we are proposing will lower cost and
reduce paperwork burden, while improving or maintaining protection of
human health (including worker exposure to radiation) and the
environment.
We are proposing to allow on-site storage and treatment of these
wastes at the generator's site. Today's proposal will require the use
of tanks/containers to solidify, neutralize, or otherwise stabilize the
waste and would apply only to generators of low-level mixed waste who
are licensed by the Nuclear Regulatory Commission (NRC) or an Agreement
State.
We also seek to exempt LLMW and hazardous NARM waste from RCRA
manifest, transportation, and disposal requirements when certain
conditions are met. Under this conditional exemption, generators and
treaters must still comply with manifest, transport, and disposal
requirements under the NRC (or NRC-Agreement State) regulations for LLW
or NARM.
DATES: To make sure we consider your comments, they must be received on
or before February 17, 2000.
We are seeking comment on this proposed rulemaking from all
interested parties.
ADDRESSES: You can send an original and two copies of your comments
referencing Docket Number F-99-ML2P-FFFFF to (1) if using regular US
Postal Service mail: RCRA Docket Information Center, Office of Solid
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA,
SNIP
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Alex J. Sagady & Associates Email: ajs@sagady.com
Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection
PO Box 39 East Lansing, MI 48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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